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UC and ex-husband paying mortgage

15 replies

Winterjoy · 18/07/2020 22:36

Separated from H and about to claim for UC - ex will be moving out and paying no child maintenance or spousal maintenance but will pay mortgage for foreseeable (only financially viable way to split). Do I need to declare this as part of UC claim? I presume not as payment goes directly from ex-h to bank so it's not an income for me.

Anyone had experience of this situation? Have read through UC help pages and searched forums but can't find any related info!

OP posts:
Viviennemary · 19/07/2020 10:19

Yes I think you would have to declare it. I looked it up and if an ex partner pays part or all of your mortgage it can sometimes affect UC. Why can't he just pay child maintenance instead as that wouldn't be a problem. It might be fine but you need to check.

Weenurse · 19/07/2020 10:22

Can’t he pay it to you as CM?
I hen you use it to pay the mortgage

Babyroobs · 19/07/2020 10:47

You will get the higher work allowance (if you work) because you have a mortgage rather than claiming help with rent. When you make the claim for Uc I'm not sure whether you would declare you have housing costs or not. I would just put a note on your journal. I doubt it will affect anything.

Zofloramummy · 19/07/2020 10:49

I would message your work coach, I’m mortgaged and receive Cm from my ex. I just declared both, maintenance isn’t counted as income anyway so I’m sure it will be fine.

disorganisedsecretsquirrel · 19/07/2020 12:00

As CM is completely disregarded.. and mortgages are not paid (well they can be but it's complicated and a loan.. and only available after a substantial amount of time.)

It's a real no brainier. He pays the mortgage amount to you as CM , you pay the mortgage.

He doesn't lose his interest in the house. Because you and he were /are married.

You aren't penalised for having excess income.

When /if the house is sold . The division must include the fact that he should be paying a minimum maintenance for the children. So many men think they are being super smart to pay the mortgage rather than CM because they will use the argument that their 'interest ' in the property has continued because they have been paying.. thus the mortgage payment is an 'investment' whereas CM is a cost with no return .

It's a really shit deal to have him dress it up as mortgage payments but it does depend upon how much it is and how much CM you are due.

For example if the mortgage is £800 a month and his CM liability is £500 then yes he can claim that he's contributed to the mortgage to the time of £300 per month. However if CM on his salary is £700 a month and mortgage is £500 .. then the answer is no. Pay my child maintenance and I will take care of the mortgage but your 'investment' into the property will have ceased.

The only way he can continue with an interest in the property is to pay some or all of the mortgage AFTER he has paid his legal non refundable support for his children.

My best friend had this exact scenario. He paid half the mortgage. But no CM. She paid the other half. They divorced and she remained in the house. Kids got to 18 house was sold and he got half.. as he had contributed half . He could prove this by showing direct payments of half the mortgage. He ended up with 50% of the property. She didn't claim CM . Which would have cost him £5-700 per month for 8 years!

I tried to explain this but she was so scared of losing her home , had no funds for a lawyer, and no confidence he would pay CM (self employed) .. she lost nearly £250k in maintenance.

Please don't do this! .

Winterjoy · 19/07/2020 12:56

Thanks everyone for replies.

Have used the online UC calculator to work out allowance which takes into account working hours and home owner status. But not clear whether ex-H mortgage payment to bank needs to be declared as an 'income' for me in the UC application. I will have to try and contact them before putting in the online application. I don't have a work coach to contact as this will be first time applying.

Ex-H has always paid mortgage while I pay most other bills. Plan is for property to be split 50/50 when sold in future regardless of who pays what.

CM would be approx 400 and mortgage approx 800 so don't think I'm losing. Ex-H will in effect be paying 400 mortgage / 400 CM but in one payment direct to bank, rather than 400 to me which I then pay to bank.

OP posts:
Viviennemary · 19/07/2020 13:13

But the point is a mortgage payment might affect your UC but CM won't.

Zofloramummy · 19/07/2020 17:56

I don’t think it’ll count as income because it isn’t coming into your bank account. Universal credit only pays a housing element if you are renting. You could be an owner occupier in a house you have inherited or paid off and it would make no difference either.

disorganisedsecretsquirrel · 22/07/2020 11:21

Actually the point is that CM is a payment for your children.. 'mortgage payments' are an investment in property that the payer makes money on !

Mumof2boys11 · 24/02/2024 18:23

@Winterjoy

What was your outcome please? I am in the same situation?

Nosierosi · 25/02/2024 07:50

This thread is old but in response to your question pp if someone is paying you money to pay a bill that’s in their name then it’s not taken into account. Just speak to them though, I’ve always found them friendly and helpful.

Mumof2boys11 · 25/02/2024 08:43

@Nosierosi

Thank you it would go straight from his bank to the mortgage company so wouldn't even cross paths with me! But irs the best choice to keep a roof over the kids Head.

Natmcg · 05/11/2024 21:58

I know this is an old post but did you get this sorted. I'm in the same situation..

Pinkstar28 · 16/07/2025 08:18

I am also in this situation. Ex has moved out. I’m on UC, claiming no houses elements, just single person and two child elements. Ex pays me maintenance for the children. He currently pays the mortgage straight from his bank to the mortgage company. Is this allowed? Do UC need to know this? We both still want to jointly own the house for our children.

He pays a generous maintenance amount because he can afford and wants to. If he was to pay his share of the mortgage as maintenance for me to then pay the mortgage, it’ll be quite a substantial amount coming as “maintenance” he doesn’t want to do this as he wants to be showing his contribution to the mortgage on paper

WunTooThree · 17/07/2025 01:43

Pinkstar28 · 16/07/2025 08:18

I am also in this situation. Ex has moved out. I’m on UC, claiming no houses elements, just single person and two child elements. Ex pays me maintenance for the children. He currently pays the mortgage straight from his bank to the mortgage company. Is this allowed? Do UC need to know this? We both still want to jointly own the house for our children.

He pays a generous maintenance amount because he can afford and wants to. If he was to pay his share of the mortgage as maintenance for me to then pay the mortgage, it’ll be quite a substantial amount coming as “maintenance” he doesn’t want to do this as he wants to be showing his contribution to the mortgage on paper

My ex left but still paid the mortgage on the house I lived in. Made no difference to my UC. I am not claiming the housing element.

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